publications

II.      Recommendations

To the Government of Israel

  • Amend and revise wartime policies and military strategies that treat all persons remaining in an area following warnings to evacuate as combatants or civilians subject to attack, and instead ensure full compliance with international legal obligations prohibiting indiscriminate and disproportionate attacks, and that require all feasible precautions be taken to avoid civilian casualties;
  • Amend and revise policies and military strategies that authorize the IDF to target people or structures associated with Hezbollah institutions, regardless as to whether they constitute valid military objectives under international humanitarian law, and to ensure that all necessary precautions are taken to avoid civilian casualties;
  • Order the Israeli military to conduct a review of its operational guidelines. This review should focus in particular on the process of selecting targets and the types of weapons used. The review should be public and conducted by a special commission including members of the military, the Knesset, and independent legal experts.
  • Institute procedures within the Israeli military to ensure that it conducts all military operations in full accordance with international humanitarian law treaties and customary law.
  • Special operational attention should be given in the Israeli military to prohibit and prevent attacks that do not distinguish between military objectives and civilians, unlawfully target civilians who are not legitimate military objectives, or cause harm to civilians that is disproportionate to the expected military gain.
  • Ratify the First and Second Protocols Additional to the Geneva Conventions of 1949, or at least publicly affirm the provisions that bind Israel as a matter of customary international law.
  • Investigate Israeli government officials, IDF officers, and soldiers who ordered or directly committed serious violations of the laws of war and impose disciplinary measures or criminally prosecute as appropriate.
  • Expand the mandate of the Winograd Commission to investigate laws of war violations by the IDF during the armed conflict, and the responsibility of IDF commanders for such violations.

To Hezbollah

  • Adopt operational measures to ensure the compliance of Hezbollah forces with the requirements of international humanitarian law.
  • Take all feasible measures to ensure that Hezbollah forces do not place civilians at unnecessary risk because of their deployments or the placement of weapons and ammunition in populated areas.
  • Reaffirm to all military forces the absolute duty never to use civilians or other noncombatants to shield military forces and materiel from attack.
  • Investigate in particular the incidents of fire from nearby UN positions to determine whether fighters intentionally used the presence of the UN to shield themselves from attack.
  • Adopt recommendations set out in Civilians under Assault with respect to rocket attacks on Israel in violation of the laws of war.
  • Ensure that individual members of Hezbollah are trained in the laws of war and abide by them. Take appropriate disciplinary measures against members who act in violation of the law.

To the Government of Lebanon

While recognizing the political difficulties presently faced by the government of Lebanon, we urge it to take the following measures at the earliest time feasible, consistent with its state responsibilities and obligations:

  • Take appropriate steps to ensure that Hezbollah implements the recommendations listed above.
  • Interdict the delivery of rockets to Hezbollah so long as it continues to use rockets in violation of international humanitarian law, by firing at civilians or firing indiscriminately into civilian areas.
  • Investigate alleged violations of international humanitarian law by Hezbollah forces. We believe the credibility of the investigation would be heightened were it to be conducted by an independent and credible committee of respected national experts in international humanitarian law.
  • Investigate and prosecute members of Hezbollah who have individual or command responsibility for the alleged commission of war crimes.
  • Cooperate with international investigations into violations of international humanitarian law.

To the Secretary General of the United Nations

  • Use your influence with Israel and Hezbollah to urge them to adopt measures to better comply with international humanitarian law.
  • Establish an International Commission of Inquiry to investigate reports of violations of international humanitarian law, including possible war crimes, in Lebanon and Israel and to formulate recommendations with a view to holding accountable those on both sides of the conflict who violated the law.

To the Government of the United States

  • Conduct a full investigation into Israel’s use of US-supplied arms, ammunition, and other materiel in violation of international humanitarian law.
  • Suspend transfers to Israel of arms, ammunition, and other materiel that have been documented or credibly alleged to have been used in violation of international humanitarian law in Lebanon, as well as funding or support for such materiel, pending certification by the US State Department that Israel has stopped using, and has made clear commitments not to use in the future, such arms, ammunition, and other material in violation of international humanitarian law.

To the Governments of Syria and Iran

  • Do not permit transfers to Hezbollah of arms, ammunition, and other materiel that have been documented or credibly alleged to have been used in violation of international humanitarian law in Lebanon, as well as funding or support for such materiel, pending a commitment by Hezbollah that it will not use such arms or material in violation of international humanitarian law.